Special Counsel Seeks to Uphold First-Instance "Election-Invalidating Sentence" in Yoon's Election Act Appeal

If the sentence is finalized, the People Power Party must return 39.7 billion won in campaign costs.

The special counsel team led by Min Joong-ki asked the court to uphold the first-instance sentence that would invalidate the election of former President Yoon Suk Yeol, who was indicted on charges of making false statements while a presidential candidate.

At the final hearing in Yoon's appeal on charges of violating the Public Official Election Act, held on the 13th before the Seoul High Court's Criminal Division 2-1 (Presiding Judges Baek Seungyeop, Hwang Seungtae and Kim Younghyun), the special counsel team asked the court to "dismiss the defendant's appeal."

Former President Yoon Suk Yeol

The first-instance court had sentenced Yoon to prison with a suspended sentence. If the sentence becomes final, Yoon's election will be invalidated, and the People Power Party will have to return the 39.7 billion won in campaign expenses reimbursed for the presidential election.

Under the Public Official Election Act, a presidential candidate who is elected or receives at least 15% of the vote is reimbursed for all campaign expenses by the National Election Commission. However, if the candidate is later given a final sentence of a fine of at least 1 million won for an election-related crime, the election is invalidated and the political party must return the campaign expenses.

The special counsel team said, "After the defendant made the statements cited in the indictment during the 20th presidential election, various allegations died down, and he maintained his status as a leading presidential candidate." It added, "In light of the polling trends at the time, the election results and the margin between the candidates, it is reasonable to conclude that the offenses in this case affected the election outcome."

It also said, "Given the circumstances at the time, when controversies involving his spouse and shamanism continued, the relationship between the defendant and his wife and Jeon Seong-bae, known as Geonjin Beopsa, was an extremely important matter that could affect voters' assessments of a candidate." It added, "Even after the case went to trial, the defendant continued to change his statements, deceiving the public and the court."

Yoon is accused of making a false statement in an interview at the launch ceremony of the Buddhist Leaders Forum on January 17, 2022, when he was the People Power Party's presidential candidate, saying, in effect, "I was introduced to Jeon Seong-bae, known as Geonjin Beopsa, by a party official, and I have never met him together with my wife, Kim Keon Hee."

He is also accused of making a false statement at a Korea Journalists Association Club invitation debate on December 14, 2021, saying, in effect, "I never introduced Attorney Lee, a former Supreme Prosecutors' Office Central Investigation Department official, to Yoon Woo-jin, the former head of the Yongsan Tax Office."

Yoon Woo-jin is the older brother of Yoon Dae-jin, a former prosecutor who was a close associate of Yoon Suk Yeol during his time as a prosecutor. Yoon Suk Yeol faced allegations that he exerted influence over the investigation into Yoon Woo-jin on bribery charges.

The special counsel team believes that Yoon Suk Yeol did introduce a lawyer but made statements contrary to the facts out of concern that his approval ratings would fall.

The first-instance court found Yoon Suk Yeol guilty on all charges and sentenced him to one year and six months in prison, suspended for three years.

This content was produced with the assistance of AI translation services.